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JOHNSON & JOHNSON DEFEATS CLASS CERTIFICATION --- A SECOND TIME

August 20, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn Gutierrez v. Johnson & Johnson (2006) [467 F.supp 2d 403], four named plaintiffs sought class certification for approximately 8,600 black or Hispanic employees. The suit originated in...

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Employment Testing Lessons Learned From NILG

August 17, 2010

by Eric Dunleavy, Ph.D., Senior Consultant, DCI Consulting GroupEarlier this month, OFCCP staff presented on a variety of EEO topics of interest to federal contractors at the National Industry Liaison Group (NILG) Conference. DCI staff attended an...

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United States V. City of New York: A Replay With a Questionable Outcome

August 12, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyIn US v. City of New York (2009) [F. Supp. 2d 419], Judge Nicholas G. Garufis of the District Court for the Eastern District of New York evaluated an entry-level firefighter test based...

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Frito-Lay Defeats OFCCP

July 30, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn July 23, 2010, Administrative Law Judge Larry W. Price supported Frito-Lay on an issue that is critical to all DCI clients. The facts in this case are as follows. The OFCCP selected...

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CALL FOR PASSAGE OF PAYCHECK FAIRNESS ACT (PFA)

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThere were two major calls on July 20, 2010 for the Senate to pass the PFA, one by President Obama, and one by Vice President Biden. The President called it a “common-sense bill” to...

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ANOTHER REVERSE DISCRIMINATION FIREFIGHTER CASE

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThis one is Vivenzio v. City of Syracuse (2010 U.S. App. LEXIS 13464) decided by the 2nd Circuit on July 1, 2010. Neither side has won --- yet. Three white firefighters sued the City of...

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SUPREME COURT TO REVIEW THIRD-PARTY RETALIATION CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn the final day of its 2009-2010 term, the U.S. Supreme Court agreed to review Thompson v. N. Am. Stainless LP (U.S., No. 09-291, cert. granted 6/29/10), in which Eric Thompson was...

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STATE OF GEORGIA AGREES TO SETTLEMENT IN AN ADEA CLAIM

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyOn June 29, 2010, the EEOC announced that the State of Georgia agreed to pay 60K to settle an ADEA claim. The recipient is Margie Washington, who was terminated from her position of...

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EEOC PRIVATE LETTER ON TITLE VII, ADEA & ADEA QUALIFICATION STANDARDS AND DISPARATE IMPACT

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyUsing the Freedom of Information Act (FOIA), BNA has obtained a private letter “to respond to a request for public comment from a federal agency or department. The EEOC notes that the...

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OFCCP Settlement Review in Industrial-Organizational Psychology Journal

July 21, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyArt Gutman reviewed the administrative law judge ruling in favor of OFCCP/against Bank of America here in February 2010. Gutman and Dunleavy have written a more detailed review of the...

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President, Task Force Emphasize Paycheck Fairness Act Efforts

July 20, 2010

At a White House Middle Class Task Force forum today, U.S. Secretary of Labor Hilda L. Solis announced new initiatives aimed at addressing pay equity and wage discrimination.

Of particular interest to Federal contractors was the announcement that...

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EEOC Alleges That Hispanics Were Favored to the Disadvantage of Blacks

June 22, 2010

by Art Gutman Ph.D., Professor, Florida Institute of TechnologyThe case is EEOC v. Paramount Staffing, Inc. (210 U.S. Lexis 49042) decided on May 17, 2010 by Judge John Phipps McCalla of the District Court of the Western District of Tennessee. The...

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